Court awards family $15M in birth injury case

Court awards family $15M in birth injury case

Recently, a boy who developed cerebral palsy as the result of a brain injury sustained at birth, has recovered $15 million from the federal government. The mother was high risk, having suffered from placental insufficiency – a lack of sufficient oxygen to the baby’s brain – and thus had previously delivered via Cesarean Section. This history made subsequent vaginal deliveries more complicated. However, the mother was not informed of this risk and that cesareans were recommended. Rather she was given a standard informed consent form to sign that did not address her prior history. Cesarean delivery could have avoided injury to the child. Instead, he suffered a hypoxic ischemic brain injury and now suffers from cerebral palsy, with life-long neurological defects, and is confined to a wheelchair. The money will go towards future medical care, lost earnings, suffering, past loss of enjoyment of life and permanent impairment.

If your child has suffered an injury at birth, it is important to seek legal counsel right away. In addition to determining all of the factors surrounding the medical malpractice itself, several procedural considerations exist that are crucial to your ability to bring a successful lawsuit. These include where the incident occurred and the type of facility. Whether the hospital is private, federally owned or community based affects the time in which you have to file a lawsuit and who is the defendant. Also, a different set of guidelines affect military personnel depending on the type of injury. Because medical malpractice/birth injury cases are complex, it is important to speak to an experienced California medical malpractice lawyer right away.

For more information or if you believe your child has suffered a birth injury, please contact the dedicated California birth injury lawyers at Bostwick & Peterson right away.


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